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Legal Opinion

New York & Cuba Mail Steamship Co. v. The Express

Court of Appeals for the Second Circuit

Decided December 13, 1892No. 38PublishedCited by 7 opinions

Motion to Amend Mandate.

1Per curiam

The party who appeals from a decree in his favor in a cause of collision is not entitled to interest on the original recovery pending the appeal. Interest, in such cases, is given for delay in satisfying a decree. The party wrho appeals puts it out of the power of the opposite party to pay the decree. The Rebecca Clyde, 12 Blatchf. 403; Hemmenway v. Fisher, 20 How. 260; The Blenheim, 18 Fed. 47.

The motion to amend the mandate is denied.

2Cases cited3 opinions

  1. Hemmenway v. FisherSupreme Court of the United States · 1857
  2. Rebecca ClydeU.S. Circuit Court for the District of Southern New York · 1875
  3. Ball v. WinslowU.S. Circuit Court for the District of Massachusetts · 1883

3Cited by7 opinions

  1. State Ex Rel. Southern Real Estate & Financial Co. v. City of St. LouisMissouri Court of Appeals · 1938
  2. United States v. 125.71 Acres of Land in Loyalhanna Tp.District Court, W.D. Pennsylvania · 1944
  3. Lauro v. United StatesCourt of Appeals for the Second Circuit · 1948
  4. American Mail Line, Ltd. v. Skagit River Navigation & Trading Co.Court of Appeals for the Ninth Circuit · 1937
  5. The S. V. LuckenbachCourt of Appeals for the Second Circuit · 1912

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